Sherwood

Plaintiffs, who had been given a money judgment against defendant following trial of a declaratory relief action, caused property to be seized by the Sheriff of Los Angeles County under a writ of execution to satisfy that judgment. Pursuant to sections 519, 549 and 689 of the Code of Civil Procedure, defendant’s wife filed claims of ownership by third person with respect to a certain portion of the property. In addition, both she and defendant filed claims of ownership with respect to another portion of the property, vis., two bank accounts listing both of them as “trustees.” The husband thus assumed a dual role in the instant case with respect to these two bank accounts, i.e., both defendant and coclaimant. A hearing was held on the third party claims, and an order determining title to property levied upon and claimed by third persons was made, declaring, inter alia, that all of the property involved was the property of defendant. The wife, as claimant, moved for a new trial on the question of title to the property. The motion was denied.

A notice of appeal from the order determining title and from the order denying claimant’s motion for a new trial was filed by the attorney…